Dear Sir/ Madam Contract Title: The Energy Efficiency Levy Strategic and Operational Review 2008 Contract Ref: EEF / 1 / 08

The Northern Ireland Authority for Utility Regulation (NIAUR) invites you to tender for the above project, which is detailed in the attached Terms of Reference.

Please note the following forms which are contained in subsequent parts of this paperwork MUST be completed, signed and returned on tendering for this project:

Schedule of Costs (Part 3)

Form of Tender (Part 4)

VAT Registration (Part 4)

Fair Employment Declaration (Part 4)

Certificate of Bona Fide Tendering (Part 4)

Freedom of Information (Part 4)

Authorised Representative (Appendix B to Part 5) Tenderers must also confirm in their proposals that there would be no conflict or perceived conflict of interest in relation to their servicing this contract. A statement to confirm such, should be made in the covering letter sent with the completed tender documentation. Please note that any individuals / organisations that have received or benefited from levy funding at any stage of the programme, are perceived to have a conflict of interest and need not tender for this contract. The closing date for the return of tenders is no later than 3pm on Friday 7th March 2008. NIAUR plan to select the winning tender during mid March, and expect the assignment to commence on the 1st April 2008. Please note that NIAUR are not obliged to accept the lowest or any Tender. Under no circumstances will late Tenders be considered. Thank you for your interest. Yours faithfully Alison Farr Social & Environment Branch NIAUR

Tel: 02890 316643 e-mail: alison.farr@niaur.gov.uk

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TENDER TITLE: The Energy Efficiency Levy Strategic and Operational Review 2008

NIAUR TENDER REFERENCE NO: EEF / 1 / 08

The sections listed here are included in the following paperwork:- Part 1. Instructions to Tendering Organisations Part 2. Terms of Reference Part 3. Pricing Schedule Part 4. Forms and Certificates Part 5. Standard NIAUR Terms and Conditions of Contract

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Part I

Instructions to Tenderers

4

INSTRUCTIONS TO TENDERERS

1. Completion and Submission of Tender Documentation

i. Responses, completed as directed, should be returned by post to:

Alison Farr Social & Environmental Branch NIAUR 3rd Floor Reception Queens House 14 Queen Street Belfast BT1 6ER

ii. Proposals must be received at NIAUR by 3pm on Friday 7th March 2008.

iii. Tenderers should include one original hard copy and 2 photocopies of your

tender – to be delivered to the address above before 3pm on the closing date.

iv. Tenders will not be accepted by fax or e-mail. v. When returning by post, envelopes or packages should bear no marks

indicating the identity of the supplier, but should clearly identify the tender reference (Tender: EEL Review Consultancy Contract). If documentation is bulky, suppliers must ensure that the packaging is strong enough to secure the documents.

vi. Tenders sent by post should be registered or sent by Recorded Delivery or

Datapost. vii. Tenderers are advised that manually delivered Tenders can only be

accepted during normal office hours, which is between 9.00 am to 5.00 pm Monday to Friday, and that a receipt stamped with the date and time of acceptance should be requested. Tenders sent by special delivery or delivered by hand will not be accepted on either weekends or on Northern Ireland Public and Statutory Holidays.

viii. NIAUR cannot accept responsibility for postal or delivery delays.

ix. Late Tenders will not be considered.

x. All submissions must be in the English language.

xi. Tenders must be fully compliant with the requirements detailed in the tender

documentation.

xii. All prices entered in the pricing schedule or other documents must be exclusive of VAT and in pounds sterling.

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xiii. Tenders may be rejected if the required information is not given at the time of

tendering.

2. Economic and Financial Standing

Tenderers may be required to furnish information as to economic and financial standing for assessment by NIAUR prior to the acceptance of any Tender.

3. Costs and Expenses

Tenderers will not be entitled to claim from NIAUR any costs or expenses which may be incurred in preparing their Tender whether or not it is successful.

4. Period of Validity

Tenderers are required to keep their Tenders valid for acceptance for a period of ninety days from the closing date.

5. Confidentiality

Tenderers should treat the Tender documents as private and confidential between the Tenderer and NIAUR. Tenderers should note that NIAUR shall use the Tender documents for the purposes of evaluation.

6. Official Amendments

If it is necessary for NIAUR to amend the Tender documentation in any way, prior to receipt of Tenders, all Tenderers in receipt of documents will be notified simultaneously. If deemed appropriate, the deadline for receipt of Tenders will be extended.

7. Canvassing

Any tenderer who directly or indirectly canvasses any official of NIAUR concerning the award of contract or who directly or indirectly obtains or attempts to obtain information from such official concerning the proposed or any other tender will be disqualified. This should not, however deter any supplier seeking clarification in relation to the tender.

8. Assumptions

Tenderers must not make assumptions that NIAUR have experience of their organisation or their service provision even if on a current or previous contract. Tenderers will only be evaluated on the information provided in their response.

9. Compliance

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Tenders must be submitted in accordance with these instructions. Failure to comply may result in a Tender being rejected by NIAUR.

10. Freedom of Information Act (FOIA) The Tenderer should treat the Tender documents as private and confidential between themselves and NIAUR. Tenderers are advised that as a public body, NIAUR must ensure full compliance with the Freedom of Information Act. Please note that unless an exemption provided for under the Act is applicable in relation to any particular information, a public authority will be obliged to disclose that information in response to a request regardless of the terms of any contract. Tenderers are asked to consider if any of the information supplied in the course of this tender competition should not be disclosed because of its sensitivity. Tenderers must complete the “Freedom of Information Statement contained at Part 4 (e) “Forms and Certificates: Freedom of Information Statement” identifying which information is considered commercially sensitive and specify the reasons for its sensitivity. NIAUR will consult with you about sensitive information before making a decision on any Freedom of Information requests received.

11. Evaluation Criteria Tenders will be evaluated using the following criteria and associated weightings:

Approach / Methodology 40%

Staff relevant Experience and Expertise 40%

Cost 20%

12. Format of Response

Organisations should submit tenders detailing how and where they will deliver the requirement taking account of the criteria and requirements specified in the Terms of Reference in Part 2. To be considered, each prospective tender must address the following key areas:

1. Approach / Methodology of how the provider will work with NIAUR to understand their requirements and offer a flexible, value for money service which helps NIAUR to deliver on its objectives and delivers high quality finalised consultation and decision papers in the agreed timescales. This should include the level of partner / senior level commitment to delivering advice, and proposed ways of working with NIAUR to ensure that the provider understands NIAUR‟s needs and can deliver robust advice. See Part 2 for the full Terms of Reference.

2. Demonstrate an in-depth knowledge of energy or regulatory strategy/policy and

operational best practice. Consultants should show a sound track record of experience in providing these types of required services. The submission should also include examples of previous relevant work completed by the company. Any

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previous experience in the development and delivery of consultation and decision papers should also be highlighted. Rather than providing exhaustive lists of previous experience, bidders are asked to give details of recent examples and should give their reasons why they believe the experience is relevant to this particular exercise.

3. The resources (e.g. pen pictures and concise CVs of personnel) the provider will

commit to carrying out and delivering the project, with particular reference to the experience and capabilities of assigned staff (as opposed to general firm experience) which are relevant to the services required.

4. Costs for carrying out and delivering services as specified in the Terms of

Reference. This will include daily rates of all provider staff identified at (3); Providers should also include an indication of envisaged out of pocket expenses to be incurred.

13. Conflict of Interest

Tenderers must also confirm in their proposals that there would be no conflict or perceived conflict of interest in relation to their servicing this contract. A statement to confirm such, should be made in the covering letter sent with the completed tender documentation. Please note that any individuals / organisations that have received or benefited from levy funding at any stage of the programme, are perceived to have a conflict of interest and need not tender for this contract.

14. Contact Details If tenderers require further information, or wish to clarify any points before

submitting their Tender, please contact: Alison Farr Social & Environmental Branch

NIAUR Queens House 14 Queens Street Belfast BT1 6ER Tel: 02890 316643

Email: alison.farr@niaur.gov.uk

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Part 2

Terms Of Reference

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The Energy Efficiency Levy Strategic and Operational Review 2008 Terms of Reference for consultancy undertaking of the review, and resultant preparation and drafting of NIAUR public consultation and decision papers. A. Background The document below sets out the NIAUR (known day-to-day in NI as the Utility Regulator) Terms of Reference for a consultancy project to undertake a full and comprehensive, strategic and operational review of the NI Energy Efficiency Levy, including the development and drafting of public consultation and decision papers. This review will provide the basis for the future objectives, NIAUR role and operational delivery of the levy in NI. NIAUR wish to appoint external expert consultants to undertake the review, including the preparation and drafting of public consultation and decision papers. The winning consultants will need to work with NIAUR:

to fully understand the requirements of the exercise;

to fully understand the rationale for and the necessary scope of the consultation and decision papers;

to ensure that NIAUR expectations are met in terms of the content, quality and timeliness of the draft consultation and decision papers;

to ensure the consultation and decision papers are thoroughly backed up with concrete analysis, thinking, data and benchmarking where necessary;

to ensure the consultation paper strikes the right balance between, on the one hand raising questions/areas for consultation, and on the other hand being prescriptive in terms of NIAUR recommended strategic stance, policy decisions and operational delivery.

NIAUR is a non-Ministerial government department. It is headed by a Board of Directors, comprising seven non-executive Directors and one executive Director – NIAUR‟s Chief Executive. NIAUR‟s Chairman is Peter Matthews. It is not a policy-making Department of Government and its role is to ensure that the utility industries in Northern Ireland are regulated and developed within the strategic policy parameters determined by Ministers. Within the office, NIAUR currently has approx. 65 staff. NIAUR‟s annual budget is around £7m this year. The scope and volume of NIAUR's work has expanded considerably in recent years. In recognition of this, the staff levels of the office have doubled during 2007, including the recruitment of a new tier of management at Director level, our HR framework is being reviewed, as is our use of accommodation. In April 2007, NIAUR published its current Forward Work Programme for 2007-08, and is currently consulting on the Forward Work Programme for 2008- 09, which includes the EEL Review, under the Corporate Affairs Directorate and Cross Utility Programmes. These programmes, together with further information about the work of NIAUR, may be viewed at http://niaur.gov.uk. Also available from the website, is our Interim Corporate Strategy document published in May.

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Energy NIAUR‟s objectives are set out in the respective Electricity and Gas Orders as amended by the Energy (Northern Ireland) Order. It has two main objectives: - To protect the interests of electricity consumers with regard to price and quality of service by promoting competition in the generation and supply of electricity; and - To promote the development and maintenance of an economic and coordinated gas industry and to protect the interests of gas consumers with regard to price and quality of service. NIAUR also places a high priority on sustainable development in the energy sector and promotes measures which will most effectively support renewables, CHP and energy efficiency. The electricity and natural gas industries occupy a central position in the NI economy and provide essential services for domestic, industrial and commercial electricity and gas customers. There are around 100,000 gas customers in Northern Ireland, mostly in the Greater Belfast area. Northern Ireland‟s gas infrastructure is still under construction and connection rates have been high over the last decade. Northern Ireland has around 760,000 electricity consumers with load split around 60/40 between domestic and non-domestic customers. (Northern Ireland has significantly less energy-intensive industry than GB.) Peak load in Northern Ireland is around 1,700MW and total demand around 9GWh. This electricity is generated by three main power stations, plus a large number of smaller and renewable stations. Significant volumes are imported from Scotland through the 450MW Moyle interconnector, and there is a 500MW interconnector to the Republic of Ireland. The small scale of the Northern Ireland market creates security of supply challenges and significant cost. In 2004 the UK and Republic of Ireland governments set a policy framework for moving to an All-Island energy market. A major element of this strategy is the creation of a Single Electricity Market (SEM) which has just gone live. Water The NIAUR water group was established on 1 April 2007 with the specific responsibility for the economic regulation of the water and sewerage industries in Northern Ireland. Our principal role is to regulate Northern Ireland Water Ltd (NIW) in a way that provides incentives and encourages the company to achieve the highest possible service for customers in terms of both quality and value. NIAUR‟s duties with respect to water and sewerage are broadly in line with the role currently discharged by Ofwat in England and Wales, although somewhat wider in one or two instances (e.g. we have somewhat wider functions in relation to treatment of land disposals for example).

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The group is also working with NIW to agree the content of their annual returns for 2007 and 2008. These record the company‟s activity and performance in considerable detail and will be used to support NIAUR‟s first report on the NI water industry. Other Work Streams NIAUR also holds a number of competition law powers and is Northern Ireland‟s competition authority for the industries it regulates. NIAUR is also uniquely placed as the UK‟s only cross utility regulator and Northern Ireland‟s only non-ministerial government department. These facts create challenges and opportunities in equal measure which NIAUR is keen to address over the coming years. NIAUR is also responsible for certain aspects of the Government‟s “green” agenda and works daily on administrative and monitoring aspects of the Northern Ireland Renewables Obligation (with assistance from Ofgem on an agency basis), via the issuance of Renewables Obligation Certificates. It also has responsibility for the Energy Efficiency Levy Programme in Northern Ireland. NIAUR also has a role in working with the regulated companies to deliver Social Action Plans. NIAUR has quasi-judicial powers to determine certain complaints, disputes and appeals. It is expected that this role will expand over time as both industry and consumers come to terms with their regulatory rights.

B. Terms of Reference for the Consultancy Project NIAUR wish to appoint external expert consultants to undertake a full and comprehensive, strategic and operational review of the NI Energy Efficiency Levy (EEL), including the preparation and drafting of public consultation and decision papers. With regard to energy efficiency, this review will ensure that NIAUR continues to meet its duties in:

Protecting the interests of consumers,

Promoting the efficient use of electricity and gas, and

Having due regard for the environment. NIAUR last conducted a review of the EEL in 2006, with a commitment to hold a further review in 2009. NIAUR have decided to bring forward this review to 2008, in order to:

Conduct a thorough top down review of the scheme. This is now due given that the scheme has been running in largely the same format since its inception in 1997, and the changing energy environment and energy efficiency priorities during this time.

Investigate the implications of the EU Energy Services Directive to the current format of the EEL.

Allow time necessary to implement the action plan arising from the review, given the long lead times required prior to each new scheme year.

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After the review, consultation and decision phases have been completed, NIAUR will plan a suitable timetable for the implementation of any necessary changes to the EEL programme in NI. The commitment to reviewing the operation and administration of the EEL in 2008 to ensure the sound basis for, and effectiveness of, all energy efficiency delivery programmes, is highlighted in the NIAUR Forward Work Plan 2008/09 currently being consulted on. It is estimated that the provision of the required external consultancy services will incur costs in the range of £40,000 – £60,000, spread over a total period of approximately 8 months as set out in the timetable below. A more detailed Terms of Reference setting out the scope of the review is set out in Part 2 Annex I. It suggests a structure for the review and highlights the key broad issues to be addressed. These broad issues set out intend to act as guidance, and are expected to be expanded out in more detail to form a full and comprehensive review of the EEL by the external consultants. It must be noted that the external consultants are expected to bring their own expertise, thinking and added value to the project and, if and where necessary, suggest in their tenders different or additional areas, questions and problems that may need built into the paper. The current EEL framework document is available on the NIAUR website http://ofreg.nics.gov.uk/04%20July%202007.htm C. Timetable This consultancy assignment is scheduled to commence at the start of April 2008. A draft consultation paper should be completed and agreed with NIAUR three months later, by the end of June 2008. Presentations to the NIAUR Executive and Board are then required, followed by finalisation of the paper with any subsequent amendments, during the first 2 weeks of July. A 12 week public consultation period will then follow until mid October. Following review of all consultation responses, a draft decision paper should then be completed and agreed with NIAUR by mid November. Further presentations to the NIAUR Executive and Board are then required, followed by finalisation of the paper with any subsequent amendments, during the last 2 weeks of November. During preparation and development of the consultation paper, the external consultants should plan for several information gathering sessions and consultation with the organisations currently involved with the management of the EEL, namely NIAUR, the Energy Saving Trust (EST), and Northern Ireland Electricity (NIE). The consultants are also required to consult with key stakeholders during the development of the consultation paper (approx time requirement of 4 days meetings in NIAUR). Throughout the entire project, regular communication should also be kept with the NIAUR project manager responsible for the review project. A more detailed indicative timetable is set out in Part 2 Annex II. D. Relationship between NIAUR and Successful Provider(s)

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Relationships must be centered on the need for mutual confidence, understanding of role, co-operation and where necessary confidentiality / sensitivity of information. We need to ensure that the consultants are able to provide quality expertise, advice and delivery of high quality NIAUR consultation and decision papers that can withstand robust analysis. The successful provider(s) must ensure that all services provided respect the highly sensitive nature of the specialist work of NIAUR and the need for the highest quality level of content.

E. Reporting Requirements

The successful consultants will be required to work closely with NIAUR staff to ensure the provision of high quality consultation and decision papers, to the agreed timescale. Also, in working with the various organisations involved in the management of the EEL, the consultants will need to show the ability to work with a well planned and structured approach to the assignment.

NIAUR shall be entitled to establish such monitoring and budgetary arrangements in relation to the operation of the contract as NIAUR acting reasonably may deem appropriate. The winning consultant will be required to provide such assistance and co-operation as necessary. F. Information to be supplied by Service Provider

Prospective providers should indicate in full in their tenders how they will meet NIAUR‟s requirements, and should provide at least the following specific information in their tenders: 1 Approach / Methodology of how the provider will work with NIAUR to understand

their requirements and offer a flexible, value for money service which helps NIAUR to deliver on its objectives and delivers high quality finalised consultation and decision papers in the agreed timescales. This should include the level of partner / senior level commitment to delivering advice, and proposed ways of working with NIAUR to ensure that the provider understands NIAUR‟s needs and can deliver robust advice. See Part 2 Annex I for the detailed Terms of Reference.

2 Demonstrate an in-depth knowledge of energy or regulatory strategy/policy and

operational best practice. Consultants should show a sound track record of experience in providing these types of required services. The submission should also include examples of previous relevant work completed by the company. Any previous experience in the development and delivery of consultation and decision papers should also be highlighted. Rather than providing exhaustive lists of previous experience, bidders are asked to give details of recent examples and should give their reasons why they believe the experience is relevant to this particular exercise.

3 The resources (e.g. pen pictures and concise CVs of personnel) the provider will

commit to carrying out and delivering the project, with particular reference to the experience and capabilities of assigned staff (as opposed to general firm experience) which are relevant to the services required.

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4 Costs for carrying out and delivering services as specified in the Terms of Reference. This will include daily rates of all provider staff identified at (3); Providers should also include an indication of envisaged out of pocket expenses to be incurred.

G. Tender Assessment The tender will be assessed against the following criteria: Approach / Methodology in delivering the services. This should include envisaged

time commitments of each proposed consultant and envisaged ways of working with NIAUR, and should also cover key initial thoughts of the consultants on the issues / content of the proposed consultation and decision papers (40%).

Expertise, knowledge and depth of experience of the proposed staff in meeting the

requirements of NIAUR. All proposals must include skills / experience / relevant work history of staff to be involved in providing services to NIAUR (40%).

Costs / Fee structure including any envisaged out of pocket expenses (20%).

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Part 2 Annex I – Detailed Terms of Reference The Energy Efficiency Levy Strategic and Operational Review 2008 Terms of Reference for consultancy undertaking of the review, and resultant preparation and drafting of NIAUR public consultation and decision papers. This more detailed Terms of Reference sets out the scope of the review. It suggests a structure for the review and highlights the key broad issues to be addressed, at both the consultation and decision stage. These broad issues set out intend to act as guidance, and are expected to be expanded out in more detail to form a full and comprehensive review of the EEL by the external consultants. It must be noted that the external consultants are expected to bring their own expertise, thinking and added value to the project and, if and where necessary, suggest in their tenders different or additional areas, questions and problems that may need built into the papers.

At the consultation stage, the final paper is expected to research all the key issues, present options for consideration, and make recommendations on preferred options.

At the decision stage, the final paper is expected to consider the responses received from public consultation, and present decisions on all the key issues.

The review and recommendations should include benchmarking / reference to other similar programmes being run elsewhere.

The EEL Review is expected to fall into two parts: Part A: The Strategic Role of the EEL, and Part B: Operational Delivery of Objectives (It is expected that approx ¼ of the consultants time will be spent on Part A, and ¾ on Part B). Part A: The Strategic Role of the EEL

The objectives of the EEL - Comment on how these have changed since the inception of the EEL. - Are the current objectives appropriate in the current environmental and social

environment? Should the focus continue to be heavily weighted towards alleviating fuel poverty, or shifted towards tackling climate change? Should energy efficiency continue to act as an objective of the programme, or serve as a means to achieve other objectives, such as reductions in fuel poverty or carbon? How does the EU Energy Services Directive affect the balance of objectives?

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- Highlight the implications of any change in the relative priorities of the EEL objectives. - Is there merit in running separate targeted systems with single clear objectives related

to, for example, fuel poverty or carbon reduction? - Review this issue in the context of other similar strategies elsewhere.

NIAUR’s role in the EEL - Comment on how NIAUR‟s role in delivering the objectives of the EEL, fits in with wider

government roles, objectives and funding. - Review this issue in the context of other similar strategies elsewhere. - Review the NIAUR role in the context of its statutory duties and powers. - Consider in the context of other social and environmental initiatives funded by NI

energy consumers. - Consider the overall EEL and NIAUR‟s role in the context of the All-Island energy

markets. Part B: Operational Delivery of Objectives

Best value for money means of delivery - What is the best value for money mechanism to deliver the recommended objectives?

Is this through continued operation of the current EEL programme as is, a modified version of the current EEL programme, or the implementation of a new programme?

- Make recommendations on the suitability of the programme to be implemented on a

mandatory or incentivised basis.

- Consider NIAUR‟s current statutory duties and any need for legislative backing for the recommended programme.

- Consider the implications of the EU Energy Services Directive. - Consider this issue in the context of other similar delivery mechanisms in operation

elsewhere. - Consider the dimension of the All-Island energy markets.

Operational issues for delivery - Leading on from the issues in the „Best value for money means of delivery‟ above,

develop a detailed operational framework for delivery of the recommended objectives.

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- Consider these detailed issues in the context of other similar delivery mechanisms in operation elsewhere, and in relation to the current EEL framework currently in place.

- Suggest priorities for implementation. - Where applicable, the details for the recommended programme should include

consideration of the following:

An appropriate level for the overall levy to adequately achieve the objectives.

An efficient and transparent management structure for managing customer levy money.

An appropriate obligation or incentive mechanism to ensure electricity supplier participation (or other eligible participant). If incentives deemed appropriate, a suitable rate of return to be established.

Suitable criteria for participant eligibility to receive levy funds. Consideration to include parties other than electricity licence holders.

An appropriate level of administration fees to be paid out of levy funds.

Appropriate performance targets and measurement criteria given the recommended objectives.

Suitable criteria for eligible schemes given the objectives, and means to ensure efficient cost projections.

Appropriate monitoring and auditing procedures. This list is not exhaustive and any other detailed issues required for an overall efficient EEL programme delivery mechanism should be included by the external consultants.

In terms of Timetable and Budget, as stated in the main body of the Terms of Reference: This consultancy assignment is scheduled to commence at the start of April 2008. A draft consultation paper should be completed and agreed with NIAUR three months later, by the end of June 2008. Presentations to the NIAUR Executive and Board are then required, followed by finalisation of the paper with any subsequent amendments, during the first 2 weeks of July. A 12 week public consultation period will then follow until mid October. Following review of all consultation responses, a draft decision paper should then be completed and agreed with NIAUR by mid November. Further presentations to the NIAUR Executive and Board are then required, followed by finalisation of the paper with any subsequent amendments, during the last 2 weeks of November.

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During preparation and development of the consultation paper, the external consultants should plan for several information gathering sessions and consultation with the organisations currently involved with the management of the EEL, namely NIAUR, the Energy Saving Trust (EST), and Northern Ireland Electricity (NIE). The consultants are also required to consult with key stakeholders during the development of the consultation paper (approx time requirement of 4 days meetings in NIAUR). Throughout the entire project, regular communication should also be kept with the NIAUR project manager responsible for the review project. A more detailed indicative timetable is set out in Part 2 Annex II.

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Part 2 Annex II – EEL Review 2008 Indicative Timetable REVIEW 2008

Tasks

FEB/

MAR NIAUR Tender and Contract Consultants

Consultation Paper APR Consultants Start

MAY

JUN Consultants to Deliver Draft Consultation Paper (end Jun)

Public Consultation JUL Consultants to Present Paper to NIAUR Executive & Board

Consultants to Finalise Paper with any subsequent amendments

NIAUR Public Consultation Start (mid July)

AUG

SEP

Decision Paper OCT NIAUR Public Consultation End (mid Oct)

Consultants to Consider Consultation Responses

NOV Consultants to Deliver Draft Decision Paper (mid Nov)

Consultants to Present Paper to NIAUR Executive & Board

Consultants to Finalise Paper with any subsequent amendments

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Part 3

Pricing Schedule

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N.B. All costs must be provided in £ sterling, exclusive of VAT, and with any

expenses (traveling, photocopying, etc.) separately identified.

The Consultant should provide a brief resume of activities or stages associated with the proposed methodology:

Key Activities Task Outline Cost

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Consultant (Name)

Grade

Rate/day in Sterling £

Key Activities Consultancy Days Total Days

Total Activity

Cost

1

2

3

4

5

6

7

8

9

10

11

12

TOTAL DAYS /

CONSULTANT

Signed for and on behalf of Consultant _ Print Name Name of Company Dated _______

23

Details of Planned/Proposed Expenses

Price (£).

Total

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Part 4

Forms and Certificates

Instructions

The following forms are contained in this section and must be completed in full to ensure your tender is valid; a. Form of Tender (Sign and return) b. Certificate relating to Bonafide Tender (Sign and return) c. VAT Registration (Sign and return) d. Fair Employment and treatment (Northern Ireland) Order 1998 (Sign and return) e. Freedom of Information Statement (Sign and return)

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A. CONTRACT FOR: NIAUR – Consultancy input into The Energy Efficiency Levy Strategic and Operational Review 2008.

1. I/We the undersigned hereby tender for the above contract in accordance with the attached Conditions of Contract and Specification at the prices quoted in the Schedule forming part of my/our tender response.

2. I/We agree that this Tender together with your written acceptance thereof shall

constitute a binding contract in relation to the whole or such part of the Tender as may be specified in your written acceptance.

3. I/We have read, accept and agree to abide by the attached Conditions of Contract

which take precedence over any terms, conditions, stipulations or provisos which may appear on or be annexed to any correspondence submitted by me/us in connection with this Contract.

4. I/We understand that NIAUR does not bind itself to accept the lowest or any tender

submitted in response to this enquiry and may accept the whole or part of any tender.

5. I/We understand NIAUR reserves the right to discontinue the award procedure in

the event of irregular tenders or in the absence of appropriate tenders and in such circumstances may use the negotiated procedure without a further call for competition.

6. I/We warrant that I/we have all the requisite corporate authority to sign this tender.

Dated this __________ day of ________________________ 20___ Signed by or on behalf of the Tenderer: Printed Name of Tenderer: (Block Capitals) Registered Address:

Please insert here the FULL NAME of the Tenderer, or in the case of a partnership the FULL NAMES of ALL the

partners.

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B. CERTIFICATE RELATING TO BONA FIDE TENDER 1. The essence of tendering is that the client shall receive bona fide competitive

tenders from all firms tendering. In recognition of this principle, we certify that this is a bona fide tender intended to be competitive and that we have not fixed or adjusted the amount of the tender by or under or in accordance with any agreement or arrangements with any other person.

2. We also certify that we have not:

a. communicated to a person other than the person calling for these tenders the amount or approximate amount of the proposed tender, except where the disclosure, in confidence, of the approximate amount of the tender was necessary to obtain insurance premium quotations required for the preparation of this tender;

b. entered into any agreement or arrangement with any other person that he

shall refrain from tendering or as to the amount of any tender to be submitted;

c. offered or paid or given or agreed to pay or give any sum of money or

valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender or proposed tender for the said work any act or thing of the sort described above.

3. We undertake that we will not do any of the acts mentioned in paragraphs 2a, 2b or

2c above at any time before the acceptance or rejection of this tender. 4. In this certificate the word “person” includes any persons and any body or

association, corporate or unincorporate and “any agreement or arrangement” includes any such transaction, formal or informal and whether legally binding or not.

Signed: _______________________________________________ Block Capitals: ______________________________________________ for and on behalf of: _______________________________________________

Date: _________________________________

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C. VAT REGISTRATION Part 1 or Part 2 and Part 3 to be completed as appropriate by the Tenderer and returned with Tender Documents:- 1. My/Our VAT Registration Number is: Signed by: for and on behalf of: Date: 2. I/We are “EXEMPT” from VAT under the terms of the Value Added Tax Act 1994. Signed by: for and on behalf of: Date:

3. Please indicate which of the following best describes the economic status of your company/organisation:-

Small and Medium Sized Enterprise Y/N Social Economy Enterprise Y/N Voluntary and Community Organisation Y/N

If other please specify:

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D. FAIR EMPLOYMENT AND TREATMENT (NORTHERN IRELAND) ORDER 1998 1. Article 64 of the Fair Employment and Treatment (Northern Ireland) Order 1998

provides inter alia that a public authority shall not accept an offer to execute any work or supply any goods or services where the offer is made by an unqualified person in response to an invitation by the public authority to submit offers. Article 64(4) also provides that the public authority shall take all such steps as are reasonable to secure that no work is executed or supplies or services supplied for the purposes of such contracts as are mentioned above by an unqualified person.

2. For the purposes of Articles 64-66 of the Order, an unqualified person is a person

on whom a notice has been served under Article 62(2) or Article 63(1) of the Order and which has not been cancelled.

3. Mindful of the Order, NIAUR has decided that it shall be a condition of tendering

that a contractor shall not be an unqualified person for the purpose of Articles 64-66 of the Order.

4. Contractors are therefore asked to complete and return the form endorsed hereon,

with their tender, to confirm that they are not unqualified persons and to undertake that no work shall be executed or supplies or services supplied by an unqualified person for the purposes of any contract with NIAUR to which Article 64 of the Order applies.

FAIR EMPLOYMENT AND TREATMENT (NORTHERN IRELAND) ORDER 1998 I/We hereby declare that I am/we are not unqualified for the purposes of the Fair Employment and Treatment (Northern Ireland) Order 1998. I/We undertake that no work shall be executed or supplies or services supplied by any unqualified person for the purposes of any contract with NIAUR, to which Article 64 of the Order applies. Signed by ______________________________________________________ Duly authorised to sign for and on behalf of ______________________________

Date _______________________________

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E. FREEDOM OF INFORMATION STATEMENT

With reference to Section 5 of the Instructions to Tenderers and Clause 24 of the Terms and Conditions of Contract, please complete where appropriate.

I/We consider that :-

1. The information in this tender is sensitive*. 2. The information in this tender is not sensitive*. *Delete as Appropriate 3. If the information supplied in this tender is considered sensitive, please state which

information should not be disclosed and provide reasons. 4. Period for which information should remain commercially sensitive. Please state.

Signed: Block Capitals: for and on behalf of:

Date:

Part 5

Terms and Conditions of Contract

30

CONDITIONS OF CONTRACT

FOR

SERVICES

FOR

The Energy Efficiency Levy Strategic and Operational Review 2008

(Ref: EEF / 1 / 08)

Northern Ireland Authority for Utility Regulation (NIAUR)

31

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CONTENTS OF CONDITIONS OF CONTRACT Introduction 1. Interpretation 2. Entire Agreement 3. Period of Contract 4. Services/Appointment of Contractor Provision of Services 5. Conditions affecting provision of services 6. Contractor Status 7. Department‟s Property 8. Equipment 9. Staff 10. Co-ordination 11. Use of Departments Premises 12. Right of Access 13. Manner of providing the Services 14. Standards 15. Overtime Working 16. Progress Reports Payments 17. Payment 18. Value Added Tax 19. Recovery of Sums Due 20. Price Adjustments Protection of Information 21. Intellectual Property Rights - assignment and indemnity 22. Security 23. Confidentiality 24. Freedom of Information 25. Publicity 26. Right of Audit 27. Data Protection Act 1998 Liabilities 28. Indemnity and Insurance Compliance with Legal and Other Obligations 29. Corrupt Gifts and Payments of Commission 30. Statutory and Other Regulations 31. Equality of Opportunity

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32. Health and Safety 33. Social Security System 34. Conflict of Interest 35. Official Secrets Act Control of Contract 36. Transfer, Sub-Contracting and Assignment 37. Severability 38. Waiver 39. Variations 40. Performance Monitoring Default and Termination 41. Force Majeure 42. Bankruptcy 43. Termination on Default 44. Break 45. Consequences of Termination Disputes 46. Arbitration 47. Law Appendix A to Part 5: Variation to Contract Appendix B to part 5: Authorised Representatives

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1. INTERPRETATION

1.1 In these Conditions the following words shall have the following meanings except where the context otherwise requires:

a. Amendments The amendments (if any) to the Contract

which may be agreed by the Contractor and NIAUR [in writing].

b. Authorised Representative

The nominated representative of NIAUR.

c. Commencement Date Tuesday 1st April 2008

d. Conditions The terms and conditions set out herein.

e. Confidential Information Any and all information regarding NIAUR, the Contractor or any aspect of their respective businesses, the Contract, its contents or the transactions contemplated by it and the negotiations relating to the Contract.

f. Contract The tender completed by the counterparty to these Conditions and to which these Conditions relate, these Conditions; any specification or operational requirements; any drawings, any schedule of prices or rates or lump sum as submitted by the accepted tenderer, any letter of acceptance issued by NIAUR to the accepted tenderer together with such correspondence, if any, between the accepted tenderer and NIAUR, as may be agreed by both parties to form part of the Contract.

g. Contractor The person, firm or corporate body whose tender shall have been accepted by NIAUR and who is a counterparty to these Conditions and shall include the Contractor‟s personal representatives, successors, and permitted assigns.

h. Contractors Staff Employees, sub-contractors, employees and agents or any representatives of both Contractor and sub-contractor of the Contractor.

i. NIAUR

Northern Ireland Authority for Utility Regulation

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j. Equipment All materials, plant, equipment, and

consumables other than NIAUR‟s property to be used by the Contractor in the provision of the Services.

k. Intellectual Property All patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade, dress or get-up, rights in goodwill or to sue for passing off, rights in design, rights in computer software, information sets collected and database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

l. Premises Land or buildings where the Services are performed.

m. Services The services to be provided by the Contractor as set out in Part 2, together with any other services which the Contractor provides or agrees to provide to NIAUR.

1.2 Words importing the singular shall also include the plural, and importing the masculine

shall also include the feminine and vice versa where the context requires.

1.3 A reference to any statute, enactment, order, regulations or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as subsequently amended or re-enacted.

1.4 A reference to a law:

(a) includes a reference to any constitutional provision, subordinate legislation, treaty, decree, convention, statute, regulation, rule, ordinance, proclamation, by-law, judgement, rule of common law or equity;

(b) is a reference to that law as amended, consolidated, supplemented or replaced; and

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(c) is a reference to any regulation, rule, ordinance, proclamation, by-law or judgment made under that law.

1.5 A reference to a document (including these Conditions) is a reference to that document (including any schedules, annexures and appendices) as amended, consolidated, supplemented, novated or replaced.

2. ENTIRE AGREEMENT 2.1 The Contract constitutes the entire agreement between the parties relating to the

subject matter of the Contract. The Contract supersedes all prior negotiations, agreements, communication, representations and undertakings, whether written or oral, except that this Condition shall not exclude liability in respect of any fraudulent misrepresentation.

3. PERIOD OF CONTRACT 3.1 The Contract shall take effect on the Commencement Date and shall remain in

force for an initial period of up to one year but with the written agreement of both parties may be extended for a further year, unless it is otherwise terminated in accordance with the provisions of these Conditions.

4. SERVICES/APPOINTMENT OF CONTRACTOR 4.1 NIAUR hereby appoints the Contractor to provide the Services during the term of

the Contract, and the Contractor shall act in that capacity subject to the Contract.

4.2 Requests to provide the Services may be transmitted by NIAUR in writing by post, fax or other electronic means as may be agreed by both parties. In cases of urgency verbal instructions may be given by NIAUR pending written confirmation.

5. CONDITIONS AFFECTING PROVISION OF SERVICES 5.1 The Contractor shall be deemed to have satisfied himself as regards the nature and

extent of the Services, the means of communication with and access to the Premises, the supply of and conditions affecting labour, the suitability of NIAUR‟s property and the equipment necessary for the performance of the Services, subject to all such matters being discoverable by the Contractor.

6. CONTRACTOR STATUS 6.1 Nothing in the Contract shall be construed as creating a partnership, a contract of

employment or a relationship of principal and agent between NIAUR and the Contractor.

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7. NIAUR’S PROPERTY 7.1 All NIAUR‟s property shall remain the property of NIAUR and shall be used in the

performance of the Contract and for no other purpose unless the prior approval of NIAUR is obtained.

7.2 On receipt of any item NIAUR‟s property the Contractor shall subject it to a visual

inspection and such additional inspection and testing as may be necessary to check that it is not defective; within 14 days of receipt of any item of NIAUR‟s property, or such other period as may be agreed by the parties, the Contractor shall notify NIAUR in writing of any defects discovered; within 14 days after receiving such notification, NIAUR shall inform the Contractor of the action to be taken

7.3 NIAUR shall be responsible for the repair or replacement of NIAUR‟s property

unless the need for repair or replacement is caused by the Contractor‟s failure to comply with Condition 7.5, or by the negligence or default of the Contractor.

7.4 The Contractor shall be responsible for his own costs resulting from any failure of

NIAUR‟s property, unless he can demonstrate that NIAUR had caused undue delay in its replacement or repair.

7.5 The Contractor shall maintain all items of NIAUR‟s property in good and serviceable

condition, fair wear and tear excepted, and in accordance with the manufacturer‟s recommendations.

7.6 The Contractor shall be liable for any loss of or damage to any NIAUR‟s property

unless the Contractor is able to demonstrate that such loss or damage was caused or contributed to by the negligence or default of NIAUR.

7.7 The Contractor shall not in any circumstances have a lien on any NIAUR‟s property

and shall take all steps necessary to ensure that the title of NIAUR and the exclusion of any lien are brought to the attention of any third party dealing with any of NIAUR‟s property.

7.8 The Contractor undertakes the due return of all re-useable NIAUR property and will

be responsible for all loss thereof or damage thereto from whatever cause. Deterioration in such property resulting from its normal and proper use in the performance of the Contract shall not be deemed to be loss or damage, except in so far as the deterioration is contributed to by any want of maintenance and repair by the Contractor.

8. EQUIPMENT 8.1 The Contractor shall provide and maintain the Equipment in good and serviceable

condition. 8.3 The Equipment shall be at the risk of the Contractor and NIAUR shall have no

liability for any loss of or damage to the Equipment unless the Contractor is able to demonstrate that such loss or damage was caused by the negligence or default of NIAUR.

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8.4 The Contractor shall provide for the haulage or carriage of the Equipment to the

Premises and its off-loading and removal when no longer required. 8.5 NIAUR may at its option purchase any item of Equipment from the Contractor at

any time, if NIAUR considers that the item is likely to be required in the provision of the Services following the expiry or termination of the Contract. The purchase price to be paid by NIAUR shall be the fair market value.

9. STAFF 9.1 The Contractor warrants and represents that all staff assigned to the performance

of the Contract shall possess such skill and experience as is necessary for the proper performance of the Contract.

9.2 Where the Contract provides that the work shall be done by named staff the

Contractor undertakes to take all reasonable steps to ensure that his staff remain for the full period of the Contract. Unavoidable changes in the Contractor‟s staff proposed by the Contractor and agreed by the Authorised Representative shall be subject to not less than one month‟s written notice.

9.3 If for any other reasons changes in the Contractor‟s staff become necessary in the

opinion of the Authorised Representative such changes shall be subject to 1 weeks written notice by the Authorised Representative to the Contractor.

9.4 In the event that the Contractor is unable to provide replacement staff acceptable to

the Authorised Representative within sufficient time to enable the Contractor to complete the work on time then NIAUR may obtain replacement staff from other sources or terminate the Contract at its discretion.

10. CO-ORDINATION 10.1 The Contractor shall co-ordinate his activities in the provision of the Services with

NIAUR (including the Authorised Representative) personnel and other contractors engaged by NIAUR.

11. USE OF NIAUR’S PREMISES 11.1 Where the Services are performed on NIAUR‟s premises the Contractor shall have

use of the NIAUR‟s premises without charge as a licensee and shall vacate those premises on completion or earlier termination of the Contract.

11.2 The Contractor shall not use the NIAUR‟s premises for any purpose or activity other

than the provision of the Services unless given prior approval by NIAUR. 11.3 Should the Contractor require modifications to NIAUR‟s premises, such

modifications shall be subject to NIAUR‟s prior approval and shall be carried out by NIAUR at the Contractor‟s expense. NIAUR shall undertake approved modification work as soon as reasonably practicable. Ownership of such modifications shall rest with NIAUR.

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11.4 The Contractor shall not deliver the Equipment to NIAUR‟s premises outside normal

working hours without the prior approval of the Department. 11.5 The Contractor shall maintain the Equipment and its place of storage within the

Department‟s premises in a safe, serviceable and clean condition. 11.6 On the completion or earlier termination of the Contract, the Contractor shall,

subject to the provisions of Condition 8.5, remove the Equipment and shall clear away NIAUR‟s premises all waste arising from the performance of the Services and shall leave NIAUR‟s premises in clean and tidy condition.

11.7 Whilst on NIAUR‟s premises, all Contractors staff shall comply with such rules,

regulations and other requirements as may be in force in respect of the conduct of persons attending and working on NIAUR‟s premises.

12. RIGHT OF ACCESS 12.1 NIAUR reserves the right to refuse to admit to any premises occupied by or on

behalf of itself or the Crown any person employed by the Contractor, or by a sub-contractor, whose admission would be, in the opinion of NIAUR undesirable.

12.2 The Contractor shall comply with the requirements of NIAUR in regard to ensuring

the identity and bonafides of all workers and other persons requiring to be admitted to any officially occupied premises in connection with the Contract.

12.3 If the Contractor shall fail to comply with condition 12.2 and if NIAUR shall decide

that such failure is prejudicial to the interests of NIAUR or the Crown, then NIAUR may terminate the Contract if the Contractor does not comply with such provisions of condition 12.2 within a reasonable time of written notice to do so provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued thereafter to NIAUR.

12.4 The decision of NIAUR as to whether any person is to be refused admission to any

premises occupied by or on behalf of itself or the Crown and as to whether the Contractor has failed to comply with condition 12.2 shall be final and conclusive.

13. MANNER OF PROVIDING THE SERVICES 13.1 The Contractor shall perform the Services with all due care, skill and diligence, and

in accordance with good industry practice. Timely provision of the Services is of the essence of the Contract.

13.2 The Services shall be performed only on sites previously approved by NIAUR. 13.3 The Contractor shall, upon the instruction of the Authorised Representative:

a. remove from NIAUR‟s premises any materials which are not in accordance with those contained in any standards or quality specified and substitute proper and suitable materials;

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b. remove and properly re-execute any work which is not in accordance with

the Contract, irrespective of any previous testing or payment by NIAUR. The Contractor shall at his own expense complete the re-executed work correctly in accordance with the Contract within such reasonable time as NIAUR may specify.

13.4 The signing by the Authorised Representative of time sheets or other similar

documents shall not be construed as implying the Contractor‟s compliance with the Contract.

14. STANDARDS 14.1 Materials and processes used in connection with the Services shall be in

accordance with any standards and quality specified. 14.2 At the request of the Authorised Representative, the Contractor shall provide proof

to NIAUR‟s satisfaction that the materials and processes used or proposed to be used, conform to those standards.

14.3 The introduction of new methods or systems which impinge on the Services shall be

subject to NIAUR‟s prior approval. 15. OVERTIME WORKING 15.1 The Contractor shall not normally be prevented from working reasonable overtime

hours on NIAUR‟s premises if he so desires, provided that he obtains NIAUR‟s prior approval and it is at no additional cost to the Department.

16. PROGRESS REPORTS 16.1 If NIAUR requests progress reports the Contractor shall render progress reports at

such time and in such form as may be specified or otherwise agreed upon between the parties.

16.2 The submission and receipt of progress reports shall not prejudice the rights of

either party under the Contract. 17. PAYMENT

NIAUR shall pay the Contractor for work completed at the rates or prices contained in the pricing schedule [or other interest documentation]. Where payment is based upon daily rates the Contractor and his staff will be expected to work 7½ hours per day, exclusive of meal breaks, unless alternative arrangements are agreed with NIAUR.

In cases where payment is via the Government Purchasing Card, all payments shall be

made to Service Providers by the nominated Bank in accordance with the provisions of the scheme.

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In all other cases payment shall be due within thirty (30) days of receipt by NIAUR of a correct application for payment or invoice or as otherwise specified in the Contract.

The NIAUR reserves the right to withhold payment against any invoice which is not submitted in accordance with the Contract or which covers or purports to relate to services which have not been provided in accordance with the Contract and shall forthwith notify the Contractor accordingly in writing. 18. VALUE ADDED TAX 18.1 NIAUR shall pay to the Contractor, in addition to the charges due for the work

performed under the Contract, a sum equal to the value added tax as may be properly chargeable on the value of the Services provided in accordance with the Contract.

18.2 Any invoice or other request for payment of monies due to the Contractor under the

Contract shall, if he is a taxable person, be in the form and contain the same information as if the same were a tax invoice for the purposes of Regulations made under the Valued Added Tax Act 1994.

18.3 The Contractor shall, if so requested by NIAUR, furnish such information as may

reasonably be required by NIAUR as to the amount of value added tax chargeable on the value of goods and services supplied in accordance with the Contract and payable by NIAUR to the Contractor in addition to the charges for work. Any over payment by NIAUR to the Contractor shall be a sum of money recoverable from the Contractor.

18.4 If the costs of the Contract are increased or decreased any monies thereby payable

shall have added to them a sum equal to any appropriate adjustment in respect of value added tax due on the final value of the work.

19. RECOVERY OF SUMS DUE 19.1 Whenever under the Contract any sum of money is recoverable from or payable by

the Contractor (including any sum which the Contractor is liable to pay to NIAUR in respect of any breach of the Contract), NIAUR may unilaterally deduct that sum from any sum then due or which at any later time becomes due to the Contractor under the Contract or under any other contract with NIAUR or with any other department, office or agency of the Crown.

19.2 NIAUR shall give at least 21 days‟ notice to the Contractor of its intention to make a

deduction under Condition 19.1 giving particulars of the sum to be recovered and the contract under which the payment arises from which the deduction is to be made.

19.3 Any overpayment by NIAUR to the Contractor, whether of the contract price or of

value added tax, shall be a sum of money recoverable by NIAUR from the Contractor.

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20. PRICE ADJUSTMENTS 20.1 Prices quoted shall remain firm for the initial contract period set out in Condition 3.1. 20.2 In the event that the contract period is extended a price review shall take place and

any increases or decreases shall be agreed by both parties and recorded as a variation in line with Condition 39.

21 INTELLECTUAL PROPERTY RIGHTS - ASSIGNMENT AND INDEMNITY 21.1 The Contractor hereby assigns to NIAUR all Intellectual Property Rights owned by

the Contractor in any material, including all data and data sets, which are generated by the Contractor and delivered to NIAUR in the performance of the Services and shall waive all moral rights relating to such material. The Contractor shall not reproduce, publish or supply any such material to any person other than NIAUR without prior approval in writing.

21.2 In performing the Services the Contractor shall obtain NIAUR‟s approval before

utilising any material which is or may be subject to any Intellectual Property Rights other than those referred to in Condition 21.1.

21.3 The Contractor shall indemnify NIAUR against all claims, proceedings, actions,

damages, legal costs (including but not limited to legal costs and disbursements on a solicitor and client basis), expenses and any other liabilities arising from or incurred by the use by the Contractor, in the performance of the Services, or the use by NIAUR following delivery by the Contractor, of any material which involves any infringement or alleged infringement of the Intellectual Property Rights of any third party.

22. SECURITY 22.1 The Contractor shall take all measures necessary to comply with the provisions of

any law or the directions or regulating of any regulatory or governmental authority relating to security which may be applicable to the Contractor in the performance of the Services.

22.2 The Contractor shall take all reasonable measures, by the display of notices or

other appropriate means, to ensure that staff have notice that all provisions referred to in Condition 22.1 will apply to them and will continue to apply to them, if so applicable, after the expiry or earlier termination of the Contract.

22.3 Whilst on NIAUR‟s premises, staff shall comply with all security measures

implemented by NIAUR in respect of personnel and other persons attending those premises. NIAUR shall provide copies of its written security procedures to the Contractor on request.

22.4 NIAUR shall have the right to carry out any search of staff or of vehicles used by the

Contractor at NIAUR‟s premises.

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22.5 The Contractor shall co-operate with any investigation relating to security which is carried out by NIAUR or by any person who is responsible to NIAUR for security matters and when required by the Authorised Representative:

a. shall use his best endeavours to make any staff identified by the Authorised

Representative available to be interviewed by the Authorised Representative, or by a person who is responsible to NIAUR for security matters, for the purposes of the investigation. Staff shall have the right to be accompanied by a contractor‟s representative and to be advised or represented by any other person whose attendance at the interview is acceptable to both the Authorised Representative and any contractor‟s representative; and

b. shall, subject to any legal restriction on their disclosure, provide all

documents, records or other material of any kind which may reasonably be required by NIAUR or by a person who is responsible to NIAUR for security matters, for the purposes of the investigation, so long as the provision of that material does not prevent the Contractor from performing the Services. NIAUR shall have the right to retain any such material for use in connection with the investigation and, so far as possible, shall provide the Contractor with a copy of any material retained.

23. CONFIDENTIALITY

23.1 Each party must, and must use its best endeavours to ensure that its officers, employees, agents or professional advisers: -

a. treat all Confidential Information as confidential and safeguard it accordingly;

and b. not disclose any Confidential Information to any other person without the

prior written consent of the other party, except to such persons and to such extent as may be necessary for the performance of the Contract or except where disclosure is otherwise expressly permitted by the provisions of the Contract.

23.2 The Contractor shall take all necessary precautions to ensure that all Confidential

Information obtained from NIAUR under or in connection with the Contract is given only to such officers, employees, agents or professional advisors engaged to advise it in connection with the Contract as is strictly necessary for the performance of the Contract and only to the extent necessary for the performance of the Contract;

23.3 The Contractor shall ensure that its officers, employees, agents or professional

advisers are aware of the Contractor's confidentiality obligations under this Contract.

23.4 The Contractor shall not use any Confidential Information it receives from NIAUR

otherwise than for the purposes of the Contract.

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23.5 The provisions of Conditions 23.1 to 23.4 shall not apply to any Confidential Information received by one party from the other:-

a. which is or becomes public knowledge (otherwise than by breach of this

Condition);

b. which was in the possession of the receiving party, without restriction as to its disclosure, before receiving it from the disclosing party;

c. which is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

d. is independently developed without access to the Confidential Information; or

e. which must be disclosed pursuant to a statutory, legal or parliamentary obligation placed upon the party making the disclosure, including any requirements for disclosure under the FOIA, or the Environmental Information Regulations pursuant to Condition 24.3 (Freedom of Information).

23.6 Nothing in this Condition shall prevent NIAUR: -

a. disclosing any Confidential Information for the purpose of:-

i. the examination and certification of NIAUR‟s accounts; or ii. any examination pursuant to Section 6(1) of the National Audit Act

1983 of the economy, efficiency and effectiveness with which NIAUR has used its resources; or

b. disclosing any Confidential Information obtained from the Contractor:-

i. to any government department or any other contracting authority. All

government departments or contracting authorities receiving such Confidential Information shall be entitled to further disclose the Confidential Information to other government departments or other contracting authorities on the basis that the information is confidential and is not to be disclosed to a third party which is not part of any government department or any contracting authority; or

ii. to any person engaged in providing any services to NIAUR for any

purpose relating to or ancillary to the Contract;

provided that in disclosing information under sub-paragraph (b) the Department discloses only the information which is necessary for the purpose concerned and requires that the information is treated in confidence and that a confidentiality undertaking is given where appropriate.

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23.7 Nothing in this Condition shall prevent either party from using any techniques, ideas or know-how gained during the performance of the Contract in the course of its normal business, to the extent that this does not result in a disclosure of Confidential Information or an infringement of Intellectual Property Rights.

23.8 In the event that the Contractor fails to comply with this Condition 23, NIAUR

reserves the right to terminate the Contract by notice in writing with immediate effect.

23.9 The provisions under this Condition are without prejudice to the application of the

Official Secrets Acts 1911 to 1989 to any Confidential Information. 24. FREEDOM OF INFORMATION 24.1 The Contractor acknowledges that NIAUR is subject to the requirements of the

Freedom of Information Act 2000 (the “FOIA”) and the Environmental Information Regulations 2004 and shall assist and cooperate with NIAUR (at the Contractor‟s expense) to enable NIAUR to comply with these information disclosure requirements.

24.2 The Contractor shall and shall procure that its sub-contractors shall:.

a. transfer the Request for Information to NIAUR as soon as practicable after

receipt and in any event within two working days of receiving any Request for Information;

b. provide NIAUR with a copy of all information in its possession or power in the

form that NIAUR requires within five working days (or such other period as NIAUR may specify) of NIAUR requesting that Information; and

c. provide all necessary assistance as reasonably requested by NIAUR to

enable NIAUR to respond to a Request for Information within the time for compliance set out in section 10 of the FOIA [or regulation 5 of the Environmental Information Regulations as the case may be].

24.3 NIAUR shall be responsible for determining at its absolute discretion whether any commercially sensitive information and/or any other information:-

a. is exempt from disclosure in accordance with the provisions of the FOIA or

the Environmental Information Regulations 2004;

b. is to be disclosed in response to a Request for Information, and

in no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by NIAUR.

24.4 The Contractor acknowledges that NIAUR may be obliged under the FOIA, or the

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Environmental Information Regulations 2004 to disclose Information:-

a. without consulting with the Contractor, or

b. following consultation with the Contractor and having taken its views into

account.

24.5 The Contractor shall ensure that all information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit NIAUR to inspect such records as requested from time to time.

24.6 The Contractor acknowledges that any lists or schedules provided by it outlining Confidential Information are of indicative value only and that NIAUR may nevertheless be obliged to disclose Confidential Information in accordance with Clause 24.4.

25. PUBLICITY 25.1 The Contractor shall not make any public statement relating to the existence or

performance of the Contract without prior approval of NIAUR, which shall not be unreasonably withheld.

26. RIGHT OF AUDIT 26.1 The Contractor shall keep secure and maintain until two years after the final

payment of all sums due under the Contract, or such longer period as may be agreed between the parties, full and accurate records of the Services, all expenditure reimbursed by NIAUR and all payments made by NIAUR.

26.2 The Contractor shall grant to NIAUR or its authorised agents, such access to those

records as they may reasonably require in compliance with the Contract. 27 DATA PROTECTION ACT 1998 27.1 The Contractor shall not disclose or allow access to any personal data provided by

NIAUR or acquired by the Contractor during the course of tendering for or executing the Contract, other than to a person employed or engaged by the Contractor or any sub-contractor, agent or other person concerned with the same.

27.2 Any disclosure of or access to personal data allowed under Condition 27.1 shall be

made in confidence and shall extend only so far as that which is specifically necessary for the purpose of the Contract.

27.3 The Contractor shall store or process such personal data only at sites specifically

agreed in writing, in advance, with NIAUR. 27.4 If the Contractor fails to comply with any provision of this Condition then NIAUR

may summarily determine the Contract by notice in writing to the Contractor

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provided always that such determination shall not prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to NIAUR.

27.5 If the Contractor or any employee, servant agent or sub contractor of the

Contractor, having obtained without the consent of NIAUR personal data within the meaning of the Data Protection Act 1998, directly or indirectly discloses or publishes the data to any other person or allows improper access to the data, or in any event directly or indirectly causes the loss, damage, or destruction of such data, he shall indemnify NIAUR against all claims, proceedings, costs and expenses in respect of any damage or distress suffered whereby by any person.

27.6 The decision of NIAUR upon matters arising under this Condition 27 shall be final

and conclusive. 28. INDEMNITY AND INSURANCE 28.1 The Contractor shall indemnify NIAUR to a limit of £5,000,000 (five million pounds)

in respect of any one incident or series of incidents arising out of his performance of the Contract against all claims, proceedings, actions, damages, legal costs, expenses and any other liabilities in respect of any loss of or damage to property or financial loss which is caused directly or indirectly by any act or omission of the Contractor. The contractor shall indemnify NIAUR in respect of death or personal injury arising out of his performance of this contract and this indemnity shall be unlimited. This Condition 28.1 shall not apply to the extent that the Contractor is able to demonstrate that such death or personal injury, or loss or damage, was not caused or contributed to by his negligence or default, or the negligence or default of his staff or sub-contractors, or by any circumstances within his or their control.

28.2 The Contractor shall effect and maintain with a reputable insurance company a

policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor, arising out of the Contractor‟s performance of the Contract, in respect of death or personal injury, or loss of or damage to property. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Contractor.

28.3 The Contractor shall hold employer‟s liability insurance in accordance with any legal

requirement for the time being in force. 28.4 The Contractor shall produce to the Authorised Representative, on request, copies

of all insurance policies referred to in this Condition or other evidence confirming the existence and extent of the cover given by those policies, together with receipts or other evidence of payment of the latest premiums due under those policies.

28.5 The terms of any insurance or the amount of cover shall not relieve the Contractor

of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in this Condition.

29. CORRUPT GIFTS AND PAYMENTS OF COMMISSION

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29.1 The Contractor shall not:

29.1.1 offer or give or agree to give any person in Her Majesty‟s Service or who is an agent or employee of NIAUR any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this Contract or any other contract for Her Majesty‟s Service and/or for showing or forbearing to show favour or disfavour to any person in relation to the Contract or any other contract for Her Majesty‟s Service or NIAUR; or

29.1.2 enter into this Contract or any other contract with NIAUR or any government

department in connection with which commission has been paid or agreed to be paid by him, or on his behalf, or to his knowledge, unless before the Contract is made particulars of any such commission and of the terms and conditions of any agreement for the payment thereof have been disclosed in writing to NIAUR.

29.2 Any breach of this Condition by the Contractor, the Contractors staff or by anyone

employed by him or acting on his behalf (whether with or without the knowledge of the Contractor, the Contractors staff and or NIAUR) or the commission of any offence by the Contractor or by anyone employed by him or acting on his behalf, (either with or without the knowledge of the Contractor, the Contractor‟s staff and or NIAUR) under the Prevention of Corruption Acts, 1889 to 1916, in relation to this Contract or any other contracts for Her Majesty‟s Service, shall entitle the Department to determine the Contract and recover from the Contractor, the Contractors staff and or NIAUR the amount of any loss resulting from such determination and/or to recover from the Contractor the Contractors staff and or NIAUR the amount or value of any such gift, consideration or commission.

29.3 Any dispute, difference or question arising in respect of either the effect or the

interpretation of this condition or the amount recoverable hereunder by NIAUR from the Contractor or the right of NIAUR to determine the Contract, or the amount or value of any such gift, consideration or commission shall be decided by NIAUR whose decision shall be final and conclusive.

30. STATUTORY AND OTHER REGULATIONS 30.1 The Contractor shall be deemed to have acquainted himself with any and all laws,

regulations, recommendations, guidance or practices as may affect the Services. 30.2 The Contractor shall be deemed to have acquainted himself with British/European

Standards, and relevant codes of practice as may be relevant to this Contract. 30.3 The Contractor shall adequately train, instruct and supervise staff to ensure that so

far as is reasonably practical the standards and codes of practice are observed. 31. EQUALITY OF OPPORTUNITY

31.1. The Contractor shall comply with all applicable fair employment, equality of treatment and anti-discrimination laws, including, in particular, the Employment

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(Northern Ireland) Order 2002, the Fair Employment and Treatment (Northern Ireland) Order 1998, the Sex Discrimination (Northern Ireland) Order 1976 and 1988, the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003, the Equal Pay Act (Northern Ireland) 1970, the Disability Discrimination Act 1995, the Race Relations (Northern Ireland) Order 1997, the Employment Relations (Northern Ireland) Order 1999 and the Employment Rights (Northern Ireland) Order 1996 and shall use his best endeavours to ensure that in his employment policies and practices and in the delivery of the services required of the Contractor under this agreement he has due regard to the need to promote equality of treatment and opportunity between:

a. persons of different religious beliefs or political opinions; b. men and women or married and unmarried persons; c. persons with and without dependants (including women who are pregnant or

on maternity leave and men on paternity leave); d. persons of different racial groups (within the meaning of the Race Relations

(Northern Ireland) Order 1997); e. persons with and without a disability (within the meaning of the

Disability Discrimination Act 1995); f. persons of different ages; and g. persons of differing sexual orientation.

31.2. The Contractor shall take all reasonable steps to ensure the observance of the provisions of Condition 31.1 by all officers, agents, employees, consultants and sub-contractors of the Contractor.

32. HEALTH AND SAFETY 32.1 The Contractor shall comply with all relevant environmental and safety law and shall

comply with all legal requirements from time to time in force in relation to the Services. The Contractor‟s attention is drawn to the provision of the Health and Safety at Work (Northern Ireland) Order 1978 and in particular to Article 4 “General Duties of Employers to their Employees”.

32.2 The Contractor shall adequately train, instruct and supervise staff to ensure that so

far as is reasonably practicable, the health and safety of all persons who may be affected by the Services. Before commencing work on the Contract the Contractor, shall prepare a written policy of the health and safety of staff employed in connection with the Contract together with written organisational arrangements for carrying out the policy.

33. SOCIAL SECURITY SYSTEM

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33.1 The Contractor shall not employ any person whom he knows or ought to know is by reason of his employment engaged in any unlawful procurement of social security benefits or tax exemptions and the Contractor shall not make, facilitate or participate in the procurement of, any unlawful payments whatsoever, whether in the nature of social security fraud, or evasion of tax, or otherwise.

33.2 The Contractor shall prepare and maintain such records of his staff and all other

persons engaged in the performance of this Contract by the Contractor as NIAUR may from time to time require.

33.3 Without prejudice to Condition 33.2 the Contractor shall forthwith on demand by

NIAUR furnish NIAUR with the names, addresses and national insurance numbers of all persons employed by him under the contracts of service and shall forthwith on demand furnish NIAUR with the names, addresses, periods of employment and exemption certificates of all persons employed by him under contracts for services.

33.4 The Contractor shall permit NIAUR, its servants or agents at all reasonable times to

enter on any premises of the Contractor for the purpose of inspection and investigation of the employment, social security and tax records of any person employed by the Contractor or engaged by him to carry out any works under the Contract.

34. CONFLICT OF INTEREST 34.1 Provided that there shall be no conflict of interest and the Contractor shall fulfil his

obligations to NIAUR the Contractor shall be at liberty to enter into agreement with other public sector organisations elsewhere in the United Kingdom for the provision of services.

34.2 The Contractor warrants that he is not at the date hereof retained by any interest

that could be in conflict with the work of NIAUR and that for the duration of this Contract he will not accept instructions from any such interest either directly or indirectly nor do any other act which may give rise to conflict of interest.

35. OFFICIAL SECRETS ACT 35.1 The provisions of the Official Secrets Act 1911 - 1989 in general and the provisions

of the Official Secrets Act 1989 in particular shall apply to the Contractor, the staff and all persons engaged whether as agents or sub-contractors by the Contractor on any work under the Contract, and shall continue to apply without limitation of time after the expiry or termination of the Contract, and the Contractor shall bring to the notice of each and every such person the provisions of the said Acts.

35.2 If NIAUR shall at any time so direct, a declaration of knowledge of these provisions

in such terms as NIAUR shall require shall be signed by every such person as NIAUR shall direct and be delivered to NIAUR by the Contractor.

36. TRANSFER, SUB-CONTRACTING AND ASSIGNMENT

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36.1 The Contractor shall not transfer, assign or in any way dispose of the Contract or a part thereof and shall not sub-contract any part of the provision of the Services without the prior written consent of NIAUR

36.2 It is a condition of such consent that the sub-contractor must undertake directly to

perform the terms of the Contract in respect of the sub-contracted services as if he were the Contractor.

36.3 Any consent to sub-contract will not release the Contractor from any liability to

NIAUR in respect of the sub-contracted section and the contractors shall be responsible for the acts, defaults or neglect of any sub-contractor or its officers, agents or employees in all respects as they were the acts, defaults or neglect of the Contractor or its officers, agents, or employees.

36.4 Where the Contractor enters a sub-contract with the Contractor for the purpose of

performing the Contract, he shall cause a term to be included in such sub-contract which requires payment to be made to the Contractor within a specified period not exceeding 30 days from receipt of a valid invoice as defined by the sub-contract requirements.

36.5 NIAUR may assign or in any other way dispose of its rights and obligations under

the Contract or any part of it to any Department, office or agency of the Crown or any other body provided that any such assignment or other disposal shall not increase the burden of the Contractors obligations under this Contract.

37. SEVERABILITY 37.1 If any provision of the Contract is held invalid, illegal or unenforceable for any

reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the Contract, the parties shall immediately commence negotiations in good faith to remedy the invalidity.

38. WAIVER 38.1 The failure of either party to exercise any right or remedy shall not constitute a

waiver of that right or remedy. 38.2 No waiver shall be effective unless it is communicated to the other party in writing. 38.3 A waiver of any right or remedy arising from a breach of contract shall not constitute

a waiver of any right or remedy arising from any other breach of the Contract. 39. VARIATIONS 39.1 The Contract shall not be varied unless such variation is made in writing by means

of a Variation to Contract Form as set out at Appendix A.

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39.2 In the event of an emergency NIAUR shall have the right to vary the Contract by oral instructions given by NIAUR‟s Authorised Representative, which shall be confirmed by the issue of a Variation to Contract Form within 7 days.

39.3 The Department shall have the right to vary the Services at any time, subject to the

variation being related in nature to the Services being provided, and no such variation shall vitiate the Contract.

39.4 The Contractor may request a variation provided that:

a. the Contractor shall notify the Authorised Representative in writing of any additional or changed requirement which it considers should give rise to a variation within 7 days of such occurrence first becoming known to the Contractor;

b. any proposed variation shall be fully supported by a quotation as detailed in

Condition 39.5 39.5 The Contractor, within 14 days of being requested by NIAUR‟s Authorised

Representative or where requesting a Variation pursuant to Condition 39.4, shall submit a quotation to NIAUR, such quotation to contain at least the following information:

a. a description of the work together with the reason for the propose variation;

b. the price, where applicable;

c. details of the impact, if any, on other aspects of the Contract.

39.6 The price for any variation shall, unless otherwise agreed between the parties, be

calculated in the following order of precedence:

a. using the prices or rates;

b. prices pro-rata to the prices or rates;

c. prices based on the prices or rates. 39.7 NIAUR shall either approve or reject any variation proposed by the Contractor. 39.8 In the event that the Contractor disputes any decision by NIAUR to reject a

proposed variation or contends that a proposed variation is outstanding or continues to be required, the Contractor shall update the information contained in his quotation for the proposed variation every month and shall send the updated information to NIAUR.

40. PERFORMANCE MONITORING 40.1 The performance of the Contractor will be subject to monitoring and review against

agreed quality aspects.

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40.2 Where applicable performance and or price indices may be applied by NIAUR to

measure the performance of the Contractor. 40.3 The Contractor shall ensure that information, records, and documentation

necessary to monitor effectively the performance of the Contract are maintained and are available at all times to the Authorised Representative.

41. FORCE MAJEURE 41.1 Neither party shall be liable to the other party by reason of any failure or delay in

performing its obligations under the Contract which is due to Force Majeure, where there is no practicable means available to the party concerned to avoid such failure or delay.

41.2 If either party becomes aware of any circumstances of Force Majeure which give

rise to any such failure or delay, or which appear likely to do so, that party shall promptly give notice of those circumstances as soon as practicable after becoming aware of them and shall inform the other party of the period for which it estimates that the failure or delay will continue.

41.3 For the purposes of this Condition, “Force Majeure” means any event or occurrence

which is outside the control of the party concerned and which is not attributable to any act or failure to take preventive action by the party concerned, but shall not include any industrial action occurring within the Contractor‟s organisation or within any sub-contractor‟s organisation.

41.4 Any failure or delay by the Contractor in performing his obligations under the

Contract which results from any failure or delay by an agent, sub-contractor or supplier shall be regarded as due to Force Majeure only if that agent, sub-contractor or supplier is itself impeded in complying with an obligation to the Contractor by Force Majeure.

42. BANKRUPTCY 42.1 In the event of the Contractor becoming bankrupt or making a composition or

arrangement with his creditors or having a winding up order made or (except for the purpose of reconstruction) a resolution for voluntary winding up passed or a receiver or manager of his business or undertaking duly appointed, or possession taken, by or on behalf of the holders or any debentures secured by a floating charge of any property comprised in or subject to the floating charge, NIAUR may at its discretion forthwith terminate this Contract.

43. TERMINATION ON DEFAULT 43.1 NIAUR may terminate the Contract, or terminate the provision of any part of the

Services, by written notice to the Contractor with immediate effect if the Contractor is in default of any obligation under the Contract and:

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a. the Contractor has not remedied the default to the satisfaction of NIAUR within 30 days, or such other period as may be specified by the Department, after service of written notice specifying the default and requiring it to be remedied; or

b. the default is not capable of remedy; or

c. the default is a fundamental breach of the Contract.

44. BREAK 44.1 NIAUR shall have the right to terminate the Contract, or to terminate the provision of

any part of the Services, at any time by giving 3 months‟ written notice to the Contractor. NIAUR may extend the period of notice at any time before it expires, subject to agreement on the level of Services to be provided by the Contractor during the period of extension.

45. CONSEQUENCES OF TERMINATION 45.1 If NIAUR terminates the Contract under Condition 43, or terminates the provision of

any part of the Services under that Condition, and then makes other arrangements for the provision of the Services, NIAUR shall be entitled to recover from the Contractor the cost of making those other arrangements and any additional expenditure incurred by NIAUR throughout the remainder of the term of the Contract. Where the Contract is terminated under Condition 43, no further payments shall be payable by NIAUR until NIAUR has established the final cost of making those other arrangements.

45.2 If NIAUR terminates the Contract, or terminates the provision of any part of the

Services, under Condition 44, NIAUR shall reimburse the Contractor in respect of any loss, not including loss of profit, actually and reasonably incurred by the Contractor as a result of the termination, provided that the Contractor takes immediate and reasonable steps, consistent with the obligation to provide the Services during the period of notice, to terminate all contracts with sub-contractors on the best available terms, to cancel all capital and recurring cost commitments, and to reduce equipment and labour costs as appropriate.

45.3 For the purposes of Condition 45.2 the Contractor shall submit to the Authorised

Representative, within 14 working days after service of the notice, a fully itemised and costed list, with supporting evidence, of all losses incurred by the Contractor as a result of the termination of the Contract, or the termination of any part of the Services, to be updated only in respect of ongoing costs each week until the Contract is terminated.

45.4 NIAUR shall not be liable under Condition 45.2 to pay any sum which, when added

to any sums paid or due to the Contractor under the Contract, exceeds the total sum that would have been payable to the Contractor if the provision of the Services had been completed in accordance with the Contract.

46. ARBITRATION

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46.1 All disputes, differences or questions between the parties to the Contract with

respect to any matter arising out of or relating to the Contract, other than a matter of things as to which the decision of the Department is under the Contract to be final and conclusive, shall after written notice by either party to the Contract to the other be referred to a single arbitrator agreed for that purpose or in default of such agreement within twenty-one (21) days, appointed at the request of either party by the President of the Law Society of Northern Ireland. The decision of such arbiter shall be final and binding on the parties of the Contract.

46.2 The provision of the Arbitration Act 1996 shall apply to any arbitration under this

contract and such arbitration shall be conducted solely within Northern Ireland. 47. LAW 47.1 The Contract shall in all respects be governed by and construed in accordance with

the laws of Northern Ireland and the parties hereby agree that the Courts of Northern Ireland shall have exclusive jurisdiction to hear and determine any dispute arising out of or in connection with the Contract.

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Appendix A (to Part 5) (see Condition 39.1 of Contract)

VARIATION TO CONTRACT FORM

Contract Title: NIAUR – Consultancy input into The Energy Efficiency Levy Strategic and Operational Review 2008.

CONTRACT REF: EEF / 1 / 08............. VARIATION NO: ............... DATE: / BETWEEN:

1. The Contract is varied as follows: 2. Words and expressions in this Variation shall have the meaning/s given to them in

the Contract. 3. The Contract, including any previous Variation(s), shall remain effective and

unaltered except as amended by this Variation. SIGNED: For: NIAUR For: The Contractor By: ................................................... By: .........................…............. Full Name: ...................................... Full Name: ...........….....…....... Grade: ............................................. Title: .....................….….......... Date: .........................................….. Date: ....................…...............

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Appendix B (to Part 5) AUTHORISED REPRESENTATIVES The Authorised Representative of NIAUR for the purposes of the Contract is:

The Authorised Representative of the Contractor for the purpose of the Contract is: